1999 Minnesota Statutes

     239.791 Oxygenated gasoline. 

    Subdivision 1.    Minimum oxygen content required.  
 Except as provided in subdivisions 10 to 14, a person 
 responsible for the product shall comply with the following 
 requirements: 

    (a) After October 1, 1995, gasoline sold or offered for 
 sale at any time in a carbon monoxide control area must contain 
 at least 2.7 percent oxygen by weight. 

    (b) After October 1, 1997, all gasoline sold or offered for 
 sale in Minnesota must contain at least 2.7 percent oxygen by 
 weight. 

    Subd. 2. Repealed, 1993 c 250 s 3 

    Subd. 3.    Blending restriction.  When gasoline 
 contains an oxygenate, a person responsible for the product 
 shall not blend the product with ethanol or with any other 
 oxygenate after it is transferred or otherwise removed from a 
 refinery or terminal. 

    Subd. 4. Repealed, 1995 c 220 s 141 

    Subd. 5. Repealed, 1995 c 220 s 141 

    Subd. 6. Repealed, 1995 c 220 s 141 

    Subd. 7.    Oxygenate records; state audit.  The 
 director shall audit the records of registered oxygenate 
 blenders to ensure that each blender has met all requirements in 
 this chapter.  Specific information or data relating to sales 
 figures or to processes or methods of production unique to the 
 blender or that would tend to adversely affect the competitive 
 position of the blender must be only for the confidential use of 
 the director, unless otherwise specifically authorized by the 
 registered blender. 

    Subd. 8.    Disclosure.  A refinery or terminal, shall 
 provide, at the time gasoline is sold or transferred from the 
 refinery or terminal, a bill of lading or shipping manifest to 
 the person who receives the gasoline.  For oxygenated gasoline, 
 the bill of lading or shipping manifest must include the 
 identity and the volume percentage or gallons of oxygenate 
 included in the gasoline, and it must state:  "This fuel 
 contains an oxygenate.  Do not blend this fuel with ethanol or 
 with any other oxygenate."  For nonoxygenated gasoline sold or 
 transferred before October 1, 1997, the bill or manifest must 
 state:  "This fuel must not be sold at retail in a carbon 
 monoxide control area."  For nonoxygenated gasoline sold or 
 transferred after September 30, 1997, the bill or manifest must 
 state:  "This fuel is not oxygenated.  It must not be sold at 
 retail in Minnesota."  This subdivision does not apply to sales 
 or transfers of gasoline between refineries, between terminals, 
 or between a refinery and a terminal. 

    Subd. 9. Repealed, 1995 c 220 s 141 

    Subd. 10.    Exemption for airport, marina, mooring 
 facility, and resort.  A person responsible for the product 
 may offer for sale, sell, or dispense at an airport, marina, 
 mooring facility, or resort, for use in airplanes or for 
 purposes listed under subdivision 12, paragraph (a), gasoline 
 that is not oxygenated in accordance with subdivision 1 if the 
 gasoline is unleaded premium grade as defined in section 
 239.751, subdivision 4. 

    Subd. 11.    Exemption for motor sports racing.  A 
 person responsible for the product may offer for sale, sell, or 
 dispense at a public or private racecourse, gasoline that is not 
 oxygenated in accordance with subdivision 1 if the gasoline is 
 intended to be used exclusively as a fuel for off-highway motor 
 sports racing events. 

    Subd. 12.    Exemption for collector vehicle and off-road 
 use.  (a) A person responsible for the product may offer for 
 sale, sell, or dispense at a retail gasoline station for use in 
 collector vehicles or vehicles eligible to be licensed as 
 collector vehicles, off-road vehicles, motorcycles, boats, 
 snowmobiles, or small engines, gasoline that is not oxygenated 
 in accordance with subdivision 1 if the person meets the 
 conditions in paragraphs (b) to (e).  If the nonoxygenated 
 gasoline is for use in a small engine, it must be dispensed into 
 a can with a capacity of six or fewer gallons. 

    (b) The nonoxygenated gasoline must be unleaded premium 
 grade as defined in section 239.751, subdivision 4. 

    (c) No more than one storage tank on the premises of the 
 retail gasoline station may be used for storage of the 
 nonoxygenated gasoline offered for sale, sold, or dispensed by 
 the station. 

    (d) The pump stands must be posted with a permanent notice 
 stating:  "NONOXYGENATED GASOLINE.  FOR USE IN COLLECTOR 
 VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR 
 VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR 
 SMALL ENGINES ONLY." 

    (e) For a retail gasoline station located in the county of 
 Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, 
 Washington, or Wright, a person responsible for the product must 
 annually register with the director, on forms provided by the 
 director, an intent to sell nonoxygenated gasoline during the 
 period of October 1 through January 31.  Such person must 
 register on or before August 1 of each year, and must report to 
 the director before April 1 of the following year the total 
 number of gallons of nonoxygenated premium grade gasoline sold 
 during the period of October 1 through January 31.  Data 
 submitted to the department under this paragraph shall be 
 considered nonpublic data as defined in section 13.02, 
 subdivision 13. 

    Subd. 13.    Exemption for certain riparian landowners.  
 (a) A person responsible for the product may offer for sale, 
 sell, and deliver directly to a bulk fuel storage tank gasoline 
 that is not oxygenated in accordance with subdivision 1 if the 
 conditions in paragraphs (b) to (e) are met. 

    (b) The nonoxygenated gasoline must be unleaded premium 
 grade as defined in section 239.751, subdivision 4. 

    (c) The bulk fuel storage tank must be stationary or 
 permanent. 

    (d) The bulk fuel storage tank must be under the control of 
 an owner of littoral or riparian property and located on that 
 littoral or riparian property. 

    (e) The nonoxygenated gasoline must be purchased for use in 
 vehicles that would qualify for an exemption under subdivision 
 12, paragraph (a). 

    Subd. 14.    Exemption for aircraft operator.  A person 
 responsible for the product may offer for sale, sell, and 
 deliver directly to a bulk fuel storage tank gasoline that is 
 not oxygenated in accordance with subdivision 1 for use in 
 aircraft if the nonoxygenated gasoline is unleaded premium grade 
 as defined in section 239.751, subdivision 4. 

    HIST: 1992 c 575 s 29; 1993 c 250 s 1; 1993 c 369 s 73,74; 
 1995 c 220 s 116; 1996 c 354 s 8-11; 1999 c 231 s 174-177 

*   NOTE:  The amendment to subdivision 12 by Laws 1999, 
*chapter 231, section 175, is effective the day after a notice is 
*published in the Federal Register by the United States 
*Environmental Protection Agency redesignating the Twin Cities 
*nonattainment area for carbon monoxide to attainment for carbon 
*monoxide.  Laws 1999, chapter 231, section 208.